KWADWO MIREKU AND TWENEBOAH KODUAH (PLAINTIFFS/RESPONDENTS/APPELLANTS) vs. YAW MIREKU (DEFENDANT/APPELLANT/RESPONDENT) [2011]DLCA7928

KWADWO MIREKU AND TWENEBOAH KODUAH (PLAINTIFFS/RESPONDENTS/APPELLANTS) vs. YAW M... [2011]DLCA7928

Date	2011-02-03
Suit No.	H1/184/2008
Citation No.	[2011]DLCA7928

A ASARE-KORANG JA [PRESIDING]

FRANCIS G KOBIEH JA

DENNIS D ADJEI JA

MR. JOSEPH PAA KWESI APPEATSE FOR PLAINTIFFS/RESPONDENTS

MR. JOSEPH AMOWEE DAWSON FOR DEFENDANT/APPELLANT

[2011]DLCA7928
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >KWADWO MIREKU AND TWENEBOAH KODUAH<o:p></o:p>(PLAINTIFFS/RESPONDENTS/APPELLANTS)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p>YAW MIREKU<o:p></o:p>(DEFENDANT/APPELLANT/RESPONDENT)<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">H1/184/2008&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:
3RD FEBRUARY, 2011<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.
JOSEPH PAA KWESI APPEATSE FOR PLAINTIFFS/RESPONDENTS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

MR.
JOSEPH AMOWEE DAWSON FOR DEFENDANT/APPELLANT<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

A
ASARE-KORANG JA [PRESIDING], FRANCIS G KOBIEH JA, DENNIS D ADJEI JA<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>DENNIS D ADJEI JA<o:p></o:p>The Plaintiffs/Respondents/Appellants (hereinafter called
the Plaintiffs) got locked up with the Defendant/Appellant/Respondent
(hereinafter called the Defendant) at the Community Tribunal, Dunkwa-on-Offin
in a dispute relating to ownership of a cocoa farm situate at a place commonly
known as “WONAWU A WONTE” on Diaso stool land and some rooms in a house at
Diaso.&nbsp; The Plaintiffs brought this
action for themselves and on behalf of their brothers and sisters, that is, the
children of the late Kwame Efa.<o:p></o:p>The
Community Tribunal, Dunkwa-on-Offin gave judgment to the effect that the
properties endorsed on the Plaintiffs writ of summons were the self acquired
properties of the late father of the Plaintiffs who died intestate in 1984 and ordered
his properties to be distributed in accordance with Intestate law prevailing in
Ghana as at 1984.&nbsp; The Defendant who is a
nephew and customary successor to the late Kwame Efa became aggrieved with the
judgment of the Community Tribunal and therefore appealed to the High Court
Cape Coast on 29th March 2006 for the reversal of the judgment.&nbsp; The High Court Cape Coast reversed the
judgment of the Community Tribunal Dunkwa-on-Offin and entered judgment for the
Defendant.&nbsp; On 13th April 2006
the Plaintiffs appealed against the judgment of the High Court Cape Coast to
this court. The Plaintiffs case was that their late father in his lifetime
gifted substantial part of his properties to his children and the remaining to
his matrilineal family. The properties the Plaintiffs late father gifted to his
children include the 7 acre cocoa farm at a place known as Wonawu a Wonte on
Diaso stool land.&nbsp; The Plaintiffs took
possession of the cocoa farm and at a point in time gave it to the Defendant to
harvest and use the proceeds to repair their house.&nbsp; The Defendant did not repair the house and as
a result of that the Plaintiffs recovered possession of same and gave the farm
to a caretaker to manage it on their behalf.&nbsp;
<o:p></o:p>According
to the Plaintiffs the Defendant forcibly took over the farm from the caretaker
and all efforts to settle the matter amicably failed.&nbsp; The Plaintiffs further stated that the
Defendants fell some trees in the farm which caused damage to the cocoa farm.&nbsp; The Defendant’s case was that the land in
dispute was gifted to his family by his late uncle Kwame Efa.&nbsp; The Plaintiffs father’s matrilineal family was
in possession of the cocoa farm for 18 years before the death of Kwame Efa and
it was not one of the properties the late Kwame Efa gifted to his children.&nbsp; Both parties are claiming title through the
late Kwame Efa by virtue of the gift made by him.<o:p></o:p>The
interesting thing about the trial court was that the four (4) member panel who
heard the matter gave judgment contrary to the reliefs endorsed on the
Plaintiffs writ of summons.&nbsp; The
Plaintiffs were asserting title to the properties by way of gift from their
late father but the trial court held that their late father died intestate and
went ahead to distribute the properties without first satisfying itself that it
is the duty of the appropriate persons to apply for letters of Administration
of the deceased and thereafter distribute his estate in accordance with the intestacy
laws in Ghana before the coming into force of intestate succession law PNDC Act
111.&nbsp; The High Court judge equally erred
when he set aside the judgment of the Community Tribunal and entered judgment
for the Defendant who had neither filed a counterclaim nor adduced evidence to
show that ownership to the disputed cocoa farm was vested in him.&nbsp; The wrong evaluation of the evidence on
record would be discussed in due course.&nbsp;
There are few legal issues which needs to be addressed and they are;<o:p></o:p>